Allocation of Assets in Single-Employer Plans; Interest Assumptions for Valuing Benefits; Correction, 772-773 [E9-141]

Download as PDF 772 Federal Register / Vol. 74, No. 5 / Thursday, January 8, 2009 / Rules and Regulations subject to the EAR (except for agricultural commodities, medicine, or medical devices, classified as EAR99 and destined for entities whose property and interests in property are blocked pursuant to Executive Orders 13310, 13448 or 13464) to— (i) Persons listed in the Annexes to Executive Order 13310 of July 28, 2003, Executive Order 13448 of October 18, 2007 or Executive Order 13464 of April 30, 2008; or (ii) Persons designated pursuant to Executive Order 13310, Executive Order 13448 or Executive Order 13464. erowe on PROD1PC63 with RULES Note to paragraph (a)(1): All persons listed in or designated pursuant to Executive Orders 13310, 13448, or 13464 are identified with the reference [BURMA] on OFAC’s list of Specially Designated Nationals and Blocked Persons set forth in Appendix A to 31 CFR Chapter V and on OFAC’s Web site at https://www.treas.gov/OFAC. Consistent with guidance issued by OFAC on February 14, 2008, a person whose property and interests in property are blocked pursuant to an Executive Order or regulations administered by OFAC is considered to have an interest in all property and interests in property of an entity in which it owns, directly or indirectly, a 50% or greater interest. The property and interests in property of such an entity are blocked, regardless of whether the entity itself is listed in the annex to an Executive order or otherwise designated pursuant to such order. The OFAC guidance on this topic is available at https://www.treas.gov/offices/enforcement/ ofac/programs/common/ licensing_guidance.pdf. (2) To avoid duplication, U.S. persons are not required to seek separate BIS authorization for an export, reexport, or transfer to a person identified in paragraph (a) of this section of any item subject to both the EAR and regulations maintained by OFAC. Therefore, if OFAC authorizes an export from the United States or an export, reexport, or transfer by a U.S. person to a person identified in paragraph (a) of this section, no separate authorization from BIS is necessary. (3) U.S. persons must seek authorization from BIS for the export, reexport, or transfer to a person identified in paragraph (a) of this section of any item subject to the EAR (except for agricultural commodities, medicine, or medical devices, classified as EAR99 and destined for entities whose property and interests in property are blocked pursuant to Executive Orders 13310, 13448 or 13464) but not subject to regulations maintained by OFAC. (4) Non-U.S. persons must seek authorization from BIS for the export from abroad, reexport, or transfer to a person identified in paragraph (a) of this VerDate Nov<24>2008 13:39 Jan 07, 2009 Jkt 217001 section of any item subject to the EAR (except for agricultural commodities, medicine, or medical devices, classified as EAR99 and destined for entities whose property and interests in property are blocked pursuant to Executive Orders 13310, 13448 or 13464). (5) Any export, reexport, or transfer to a person identified in paragraph (a) of this section by a U.S. person of any item subject both to the EAR and regulations maintained by OFAC and not authorized by OFAC is a violation of the EAR. (6) Any export, reexport, or transfer by a U.S. person to a person identified in paragraph (a) of this section of any item subject to the EAR (except for agricultural commodities, medicine, or medical devices, classified as EAR99 and destined for entities whose property and interests in property are blocked pursuant to Executive Orders 13310, 13448 or 13464) that is not subject to regulations maintained by OFAC and not authorized by BIS is a violation of the EAR. Any export from abroad, reexport, or transfer by a non-U.S. person to a person identified in paragraph (a) of this section of any item subject to the EAR (except for agricultural commodities, medicine, or medical devices, classified as EAR99 and destined for entities whose property and interests in property are blocked pursuant to Executive Orders 13310, 13448 or 13464) and not authorized by BIS is a violation of the EAR. (7) These licensing requirements supplement any other requirements set forth elsewhere in the EAR. (b) Exceptions. No License Exceptions or other BIS authorizations are available for export, reexport, or transfer to a person identified in paragraph (a) of this section of any item subject to the EAR (except for agricultural commodities, medicine, or medical devices, classified as EAR99 and destined for entities whose property and interests in property are blocked pursuant to Executive Orders 13310, 13448 or 13464). (c) Licensing policy. Applications for licenses for the export, reexport, or transfer to a person identified in paragraph (a) of this section of any item subject to the EAR (except for agricultural commodities, medicine, or medical devices, classified as EAR99 and destined for entities whose property and interests in property are blocked pursuant to Executive Orders 13310, 13448 or 13464) will generally be denied. You should consult with OFAC concerning transactions subject to OFAC licensing requirements. PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 (d) Contract sanctity. Contract sanctity provisions are not available for license applications reviewed under this section, except as available under 31 CFR 537.210(c). Dated: January 2, 2009. Christopher R. Wall, Assistant Secretary for Export Administration. [FR Doc. E9–127 Filed 1–7–09; 8:45 am] BILLING CODE 3510–33–P PENSION BENEFIT GUARANTY CORPORATION 29 CFR Part 4044 Allocation of Assets in SingleEmployer Plans; Interest Assumptions for Valuing Benefits; Correction AGENCY: Pension Benefit Guaranty Corporation. ACTION: Correcting amendment. SUMMARY: The Pension Benefit Guaranty Corporation published in the Federal Register of December 29, 2008, a final rule amending its regulation on Allocation of Assets in Single-Employer Plans to adopt interest assumptions for plans with valuation dates in the first quarter of 2009. This document corrects inadvertent errors in that final rule. DATES: Effective January 8, 2009. Applicability date: January 1, 2009. FOR FURTHER INFORMATION CONTACT: Catherine B. Klion, Attorney, Legislative and Regulatory Department, Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington, DC 20005, 202–326–4024. (TTY/TDD users may call the Federal relay service toll-free at 1–800–877–8339 and ask to be connected to 202–326–4024.) SUPPLEMENTARY INFORMATION: The Pension Benefit Guaranty Corporation published a document in the December 29, 2008, Federal Register (73 FR 79362), amending its regulation on Allocation of Assets in Single-Employer Plans (29 CFR part 4044) to adopt interest assumptions for plans with valuation dates in the first quarter of 2009. This document corrects inadvertent errors in the January, February, and March 2009 entries to Appendix B to part 4044. (There were no corresponding errors in the preamble to the document.) List of Subjects in 29 CFR Part 4044 Employee benefit plans, Pension insurance, Pensions. ■ Accordingly 29 CFR part 4044 is corrected by making the following correcting amendments: E:\FR\FM\08JAR1.SGM 08JAR1 773 Federal Register / Vol. 74, No. 5 / Thursday, January 8, 2009 / Rules and Regulations Authority: 29 U.S.C. 1301(a), 1302(b)(3), 1341, 1344, 1362. PART 4044—ALLOCATION OF ASSETS IN SINGLE-EMPLOYER PLANS March 2009, as set forth below, to read as follows: 2. In appendix B to part 4044, correct the entries for January, February, and Appendix B to Part 4044—Interest Rates Used to Value Benefits ■ 1. The authority citation for part 4044 continues to read as follows: ■ * * * * * The values of it are: For valuation dates occurring in the month— it * * * * January 2009 .................................................................................................................... February 2009 .................................................................................................................. March 2009 ....................................................................................................................... Issued in Washington, DC, on this 5th day of January 2009. Vincent K. Snowbarger, Deputy Director for Operations, Pension Benefit Guaranty Corporation. [FR Doc. E9–141 Filed 1–7–09; 8:45 am] BILLING CODE 7709–01–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA–2008–0020; Internal Agency Docket No. FEMA–8057] Suspension of Community Eligibility erowe on PROD1PC63 with RULES AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule. SUMMARY: This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. DATES: Effective Dates: The effective date of each community’s scheduled suspension is the third date (‘‘Susp.’’) listed in the third column of the following tables. FOR FURTHER INFORMATION CONTACT: If you want to determine whether a VerDate Nov<24>2008 13:39 Jan 07, 2009 Jkt 217001 * 0.0602 0.0602 0.0602 particular community was suspended on the suspension date or for further information, contact David Stearrett, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–2953. SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase flood insurance which is generally not otherwise available. In return, communities agree to adopt and administer local floodplain management aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage as authorized under the NFIP, 42 U.S.C. 4001 et seq.; unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with program regulations, 44 CFR part 59. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. However, some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue their eligibility for the sale of insurance. A notice withdrawing the suspension of the communities will be published in the Federal Register. In addition, FEMA has identified the Special Flood Hazard Areas (SFHAs) in these communities by publishing a Flood Insurance Rate Map (FIRM). The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 for t = it 1–20 1–20 1–20 * 0.0548 0.0548 0.0548 for t = >20 >20 >20 it * N/A N/A N/A for t = N/A N/A N/A pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may legally be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year, on FEMA’s initial flood insurance map of the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds that notice and public comment under 5 U.S.C. 553(b) are impracticable and unnecessary because communities listed in this final rule have been adequately notified. Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days. National Environmental Policy Act. This rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Considerations. No environmental impact assessment has been prepared. Regulatory Flexibility Act. The Administrator has determined that this rule is exempt from the requirements of the Regulatory Flexibility Act because the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed no longer comply with the statutory requirements, and after the effective E:\FR\FM\08JAR1.SGM 08JAR1

Agencies

[Federal Register Volume 74, Number 5 (Thursday, January 8, 2009)]
[Rules and Regulations]
[Pages 772-773]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-141]


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PENSION BENEFIT GUARANTY CORPORATION

29 CFR Part 4044


Allocation of Assets in Single-Employer Plans; Interest 
Assumptions for Valuing Benefits; Correction

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Correcting amendment.

-----------------------------------------------------------------------

SUMMARY: The Pension Benefit Guaranty Corporation published in the 
Federal Register of December 29, 2008, a final rule amending its 
regulation on Allocation of Assets in Single-Employer Plans to adopt 
interest assumptions for plans with valuation dates in the first 
quarter of 2009. This document corrects inadvertent errors in that 
final rule.

DATES: Effective January 8, 2009.
    Applicability date: January 1, 2009.

FOR FURTHER INFORMATION CONTACT: Catherine B. Klion, Attorney, 
Legislative and Regulatory Department, Pension Benefit Guaranty 
Corporation, 1200 K Street, NW., Washington, DC 20005, 202-326-4024. 
(TTY/TDD users may call the Federal relay service toll-free at 1-800-
877-8339 and ask to be connected to 202-326-4024.)

SUPPLEMENTARY INFORMATION: The Pension Benefit Guaranty Corporation 
published a document in the December 29, 2008, Federal Register (73 FR 
79362), amending its regulation on Allocation of Assets in Single-
Employer Plans (29 CFR part 4044) to adopt interest assumptions for 
plans with valuation dates in the first quarter of 2009. This document 
corrects inadvertent errors in the January, February, and March 2009 
entries to Appendix B to part 4044. (There were no corresponding errors 
in the preamble to the document.)

List of Subjects in 29 CFR Part 4044

    Employee benefit plans, Pension insurance, Pensions.

0
Accordingly 29 CFR part 4044 is corrected by making the following 
correcting amendments:

[[Page 773]]

PART 4044--ALLOCATION OF ASSETS IN SINGLE-EMPLOYER PLANS

0
1. The authority citation for part 4044 continues to read as follows:

    Authority: 29 U.S.C. 1301(a), 1302(b)(3), 1341, 1344, 1362.


0
2. In appendix B to part 4044, correct the entries for January, 
February, and March 2009, as set forth below, to read as follows:

Appendix B to Part 4044--Interest Rates Used to Value Benefits

* * * * *

----------------------------------------------------------------------------------------------------------------
                                                                            The values of it are:
       For valuation dates occurring in the month--        -----------------------------------------------------
                                                               it    for t =     it    for t =     it    for t =
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
January 2009..............................................   0.0602     1-20   0.0548      >20      N/A      N/A
February 2009.............................................   0.0602     1-20   0.0548      >20      N/A      N/A
March 2009................................................   0.0602     1-20   0.0548      >20      N/A      N/A
----------------------------------------------------------------------------------------------------------------


    Issued in Washington, DC, on this 5th day of January 2009.
Vincent K. Snowbarger,
Deputy Director for Operations, Pension Benefit Guaranty Corporation.
[FR Doc. E9-141 Filed 1-7-09; 8:45 am]
BILLING CODE 7709-01-P
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